M&S worker sacked after wife secretly shared staff discount with family and friends
A Marks and Spencer worker whose employee discount was used by family and friends 73 times in six weeks has successfully appealed against her “disproportionate” dismissal.
Mark Brennan’s ex-partner secretly copied the staff discount and shared its details, resulting in his credentials being used dozens of times between October 31 and December 17, 2024, a court heard.
However, only one transaction during this period was linked to Mr Brennan’s own payment card.
Marks and Spencer was wrong to use the “nuclear option” by sacking sales consultant Mark Brennan from his 10-year role, a Workers Relations Commission (WRC) judge has ruled.
The judge awarded him €2,000 out of €4,000, approximately two months’ wages, under the Unfair Dismissal Act 1977 because the complainant had “contributed significantly by his carelessness”.
IBEC’s Judy McNamara, representing M&S, said internal auditors had identified “serious anomalies” regarding the use of Mr Brennan’s discount and had notified the local authority.
Following a company investigation that began on January 8, 2025, Mr Brennan was dismissed on February 6 of the same year, and the sanction was confirmed following an internal appeal hearing in March.
Mr Brennan’s union representative, Mandate division organizer Eoin Coates, said Mr Brennan immediately stopped his then partner from using the card when he found out what had happened and offered to refund the employer €464.39 in shopping discounts.
Mr Brennan admitted this was how he accessed his ex-wife’s discount card details and was “careless with the tablet computer”.
Mr Coates wrote that the “carelessness” occurred in the context of a husband-wife relationship and could not be considered a disciplinary breach serious enough to merit losing his client’s job.
Judge Michael McEntee noted evidence from company directors that abuse of staff discounts was seen as “almost apocalyptic” at M&S.
He wrote that Mr. Brennan’s dismissal over the incident was “excessive.”
The arbitrator heard Mr Brennan had returned to work at a rival of M&S but faced a possible loss of earnings totaling €4,600. However, M&S paid Mr Brennan his full six weeks’ notice.
